Legal Question in Credit and Debt Law in Utah

Lien placement by home owners association

The board of the bloomington townhouse ass.in St.George have threatened to place a lien on our townhome which we own outright, for fines and associated attorney fees. We have constantly denied doing what they are fining us for and when we asked for proof they sent photos that they claim were taken on certain dates and when I refuted those dates with guaranteed proof that we were abiding by the CCR requirements at the time the photos were taken, (the photos were not taken on the dates the board claims and I have irrefutable proof of when they were taken) they still want to impose fines on us. They turn a blind eye to the homeowners that are not abiding by the CCRs including themselves. I have claimed harrassement by the board and have asked to see all of the books and papers which they are refusing to do even though the bylaws say I can. What can I do about this? What are the HOA requirements to place a lien on our property for fines in St.George Utah, do they have to give us 3 warning notices by certified mail? Do they have to get a court judgement? Just how do they go about placing a lien and how do we go about fighting it, as we are NOT GUILTY of what they are fining us for.


Asked on 7/22/06, 4:58 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Lien placement by home owners association

It sounds like you will have the sue the HOA. Most HOA covenants allow the HOA to place a lien for collection against your property. Your suit will be against the HOA for wrongful lien.

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Answered on 7/25/06, 6:25 pm


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